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2025 DAILYLAW 53538 (ALL)

RESHMI DEVI v. STATE OF U.P.

BAIL/16168/2025 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110387 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16168 of 2025 Applicant :- Reshmi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ramesh Kumar Chaurasia, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 59 of 2025, under Sections 80, 85 of BNS and Section 3/4 of D.P. Act, Police Station-Sikanderpur, District- Ballia, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence. The victim had expired within the precincts of her maternal home and not at her in-law's home, as such, it is a clear cut case of false implication. Applicant is the mother-in-law of the deceased person. There are general and omnibus allegations against all the accused persons. 5. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 04.03.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that there are general and omnibus allegations against all the accused coupled with the fact that the deceased died in her maternal home and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Reshmi Devi, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 10.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad